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Pet 005 2020.Pdf 3Rrpublic of tbr ,[email protected] ,l0resibential Qflertoral 'Urribunal ;!fltlanila FERDINAND "BONGBONG" R. PET Case No. 005 MARCOS, JR., Protestant, Present: PERALTA, ChiefJustice, PERLAS-BERNABE, LEONEN, CAGUIOA, GESMUNDO, HERNANDO, -versus- CARANDANG*, LAZARO-IA VIER*, INTING, ZALAMEDA, LOPEZ, DELOS SANTOS, GAERLAN, and ROSARIO.JJ MARIA LEONOR "LENI DAANG MATUWID" G. ROBREDO, Promulgated: 820 L / Protestee. November 17, 2~------ x ___::J X RESOLUTION PERCURIAM: For resolution of this Tribunal is protestant's Strong Manifestation with Extremely Urgent Omnibus Motion for the: I. Inhibition of Associate Justice Mario Victor F. Leonen; II. Re-raffle of this Election Protest; III. Resolution of all the Pending Incidents in the Above Entitled Case and the Office of the Solicitor General's Omnibus Motion (Motion for Inhibition of * On wellness leave. * On wellness leave. Resolution 2 P.E.T. Case No. 005 Associate Justice Marvic M.V.F. Leonen and Reraffle). Unanimously, we deny these Motions to Inhibit. On November 9, 2020, protestant filed a "Strong Manifestation with Extremely Urgent Omnibus Motion for the: I. Inhibition of Associate Justice Mario Victor F. Leonen; II. Re-raffle of this Election Protest; III. Resolution of all the Pending Incidents in the Above Entitled Case." He alleges that since October 2019, the protest has "remained in limbo." 1 He further alleges that the pronouncements of Associate Justice Marvic M.V.F. Leonen (Justice Leonen) "in a number of landmark cases, his previous employment history as well as the manner in which he has handled the election protest. will prove that he will not be a fair and impartial ponente."2 To bolster his point, protestant underscores Justice Leonen's dissenting opinion in Ocampo v. Enriquez,3 or the Marcos burial case, which supposedly shows Justice Leonen's bias and partiality against protestant and his family. 4 Additionally, protestant surmises that this protest is the "perfect venue for Associate Justice Leonen to exact vengeance."5 He narrates that when Justice Leonen was the country's Chief Peace Negotiator, protestant, who was then the head of the Senate Committee on Local Governments, blocked the creation of the Bangsamoro Juridical Entity, which Justice Leonen envisioned and worked for. 6 Protestant also draws attention to a news article7 written by a certain Jomar Canlas (Canlas), which stated that Justice Leonen circulated his 25- page Reflections back in July 10, 201 7 recommending the dismissal of this protest, thereby showing his prejudgment. The Reflections supposedly lobbied for the dismissal of the protest even before it was deliberated upon and even before Justice Leonen became part of the "panel".8 l Strong Manifestation with Extremely Urgent Omnibus Motion, p. 5. 2 Id. at 6. 798 Phil. 227, 519--637 (2016) [Per J. Peralta, En Banc]. 4 Strong Manifestation with Extremely Urgent Omnibus Motion, pp. 6-8. 5 Id. at 8. 6 Id. at 8-10. Protestant cited a newspaper article written by a certain Mario Gio Samonte, Why hasn't Bongbong learned from his father? published in The Manila Times on October 11, 2020 7 Jomar Canlas, Justice prejudged Marcos poll protest, THE MANILA TIMES, October 12, 2020 <https://www.manilatimes.net/2020/10/12/second-headline/justice-prejudged-marcos-poll­ protest/779459/> (last accessed on November 17, 2020). Strong Manifestation with Extremely Urgent Omnibus Motion, pp. 11-12. Resolution 3 P.E.T. Case No. 005 C Protestant claims the delay in the resolution of this election protest, which hardly moved from the time Justice Leonen took over as ponente and was marked by "one deferment after another through a series of resets and 'call-against"'9 clearly showed Justice Leonen's bias and partiality. Moreover, protestant avers that the referral of certain matters to the Office of the Solicitor General and the Commission on Elections only a year after the protest was raffled to Justice Leonen, showed the latter's ignorance of the law as referral to these offices should have been done the moment the protest was raffled to him. 10 As such, this only served to further delay its resolution. 11 Protestant cites a portion of Justice Leonen's speech during the 5th National Congress of the National Union of Peoples Congress as further proof of his partiality: Just because you are for due process of law does not mean that you are for one party. It might take the tribunal some time to reach a conclusion since "you would want... everyone to be able to argue [their] case first. 12 Protestant underscores that delaying the resolution of this election protest is against public policy because it "disregards the sanctity of votes and the popular choice of the people." 13 He cites Republic Act No. 1793, 14 which requires for an election protest to be decided within twenty (20) months after it is filed, as the standard for the expeditious resolution of election protests. 15 9 Id. at 14. 10 Id. at 15. 11 Id.atl6. 12 Id. at 15 citing Jerome Aning, Patricia Denise M. Chiu, Leanen explains deferred ruling on VP poll protest, INQUIRER.NET, October 20, 2019 <https://newsinfo.inquirer.net/1179607/leonen-explains­ deferred-ruling-on-vp-poll-protest> (last accessed on November 17, 2020). 13 Id. at 16. 14 An Act Constituting an Independent Presidential Electoral Tribunal to Try, Hear and Decide Protests Contesting the Election of the President-Elect and the Vice-President-Elect of the Philippines and Providing for the Manner of Hearing the Same (1957). 15 Rep. Act No. 1793 partly provides: SECTION 3. The Presidential Electoral Tribunal shall decide the contest within twenty months after it is filed, and within said period shall declare who among the parties has been elected, or, in the proper case, that none has been elected, and in case of a tie between the candidates for president or for vice­ president involved in the contest, one of them shall be chosen President or Vice-President, as the case may be, by a majority vote of the members of the Congress in joint session assembled. The party who, in the judgment, has been declared elected, shall have the right to assume the office as soon as the judgment becomes final which shall be ten days after promulgation. The promulgation shall be made on a date previously fixed, of which notice shall be served in advance upon the parties or their attorneys, personally or by registered mail or by telegraph. No motion shall be entertained for the reopening of a case but only for the reconsideration of a decision under the evidence already of record, No party may file more than one motion for reconsideration, copy of which shall be served upon the adverse party who shall answer it within five days after the receipt thereof Any petition for reconsideration shall be resolved within ten days after it is submitted for resolution. As soon as a decision becomes final, a copy thereof shall be furnished both houses of the Congress. Resolution 4 P.E.T. Case No. 005 Protestant thus asks for the following reliefs from this Tribunal: WHEREFORE, premises considered and with the utmost esteem to the honorable Tribunal, movant respectfully prays that it: 1. CONSIDER, DECIDE and GRANT the instant respectful Strong Manifestation with Extremely Urgent Omnibus Motion for Inhibition of Associate Justice Mario Victor F. Leonen; 2. ORDER THE IMMEDIATE RE-RAFFLE of the instant election protest; and 3. RESOLVE ALL PENDING INCIDENTS m the above­ entitled case. Other reliefs, just and equitable under the premises, are likewise prayed for. 16 (Emphasis in the original) On the same day, the Office of the Solicitor General, led by Solicitor General Jose C. Calida (Solicitor General), filed a similar motion arguing that ever since the protest was raffled to Justice Leonen, "the people has been suspended in animation for close to a year." 17 The Solicitor General suggests that this inordinate delay manifests Justice Leonen's bias and partiality against protestant. 18 Claiming to act as the People's Tribune, the Solicitor General moves for Justice Leonen's inhibition for the best interest of the State and the People. He avers that the expeditious resolution of the protest will finally reveal the real winner in the vice-presidential elections. 19 Echoing the protestant, the Solicitor General also states that Justice Leonen's strongly-worded dissent in the Marcos burial case shows his bi~s and partiality.20 He submits that "[t]here is also a need to investigate some reports about [Justice Leonen's] activities and actuations that destroy the reputation and trust of the people to an impartial Presidential Electoral Tribunal."21 The Solicitor General asserts that Justice Leonen showed his "loathsome attitude"22 towards the entire Marcos family in his dissenting opinion in the Marcos burial case when he accused the whole Marcos family as beneficiaries of ill-gotten wealth despite their age, status, and lack of participation. The Solicitor General continues that Justice Leonen's obvious J 16 . Id. at 18. 17 OSG Omnibus Motion, p. 2. is Id. 19 Id. at 4. 20 Id. at 2. 21 Id. 22 Id. at 8. Resolution 5 P.E.T. Case No. 005 disdain over President Rodrigo Duterte's order to allow the burial of former President Ferdinand E. Marcos (President Marcos) in the Libingan ng mga Bayani as a symbol of closure, healing, and reconciliation, shows his deeply­ rooted, personal hatred of the whole Marcos family. 23 He states: It is all too clear that Justice Leonen's scornful remarks in his dissent, comprising 94 pages and containing a litany of expressions beyond the legal issues presented in
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